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Immigration to Canada - A Good Choice for High Net Worth Individuals

December 29, 2009

Law Firm: Andrew Rogerson - Toronto Office

Affluent clients, inquiring as to possible tax relocation, invariably expect to be advised to ship off to a Caribbean tax haven. For many, this would be appropriate advice. However, the intense popularity of Canada, as a preferred destination for investors and skilled migrants, indicates that such immigrants feel they are acquiring a “good deal” in this country. So what are the attractions?

The United Nations Human Development Index (HDI) ranked Canada sixth on its Human Development Index for 2006. The HDI examines the health, education and wealth of each nation's citizens by measuring: life expectancy, educational achievement and standard of living. The breakdown indicates Canada has the best educated people and the highest literacy rate in the world. Canadians live the third longest, after citizens of Iceland and Japan. Canada stretches across many time zones from Atlantic to Pacific and as far north as the Arctic Circle. It is a safe country that has an excellent infrastructure.

Housing cost are very reasonable in Canada. The Canadian Real Estate Association publishes the average cost of buying a house in Canada, as well as breakdown by provinces and some major cities. The latest available statistics at the time of writing were for May 2007. They indicated the following average figures (in Canadian dollars) . Ontario: -$303,751; Quebec: $212,012, Manitoba: $180,470 and Newfoundland: 141,579. More specific figures for various cities are available on http://www.crea.ca/public/news&under;stats/statistics.htm This shows Vancouver to be the most expensive Canadian city in which to purchase real estate. This is largely due to its popularity with overseas investors and immigrants.

The annual "Quality of Life Survey", published by Mercer Human Resource Consulting, which is used by international businesses to evaluate needs of employees on transfer, rated Vancouver third in the world with 107.7 points behind Zurich with 108.1 and Geneva with 108. The survey uses the following criteria: Political and Social Environment; Public Services and Transport; Economic Environment; Recreation; Socio-Cultural Environment; Medical and Health Considerations; Schools and Education; Consumer Goods; Housing and Natural Environment.

Immigrants are welcomed with a 5 year tax holiday, if they establish an offshore trust. Capital growth and income are tax free. This generous concession is designed to encourage would be immigrants to come to Canada and use this tax holiday to decide if they wish to remain. The vast majority stay and, after the 5 years are up, are subject to future Canadian taxes on the trust assets. The gains of the previous 5 years are sheltered.

A decision to immigrate to any country involves an informed balancing of pros and cons. Rarely, should pure tax issues predominate. Often it does, and new residents of many tax havens find that, although they are not liable to income tax, they are faced with a very high cost of living. Governments, even of small islands, need money to function. In the absence of income tax, then indirect taxes are frequently very high. In some offshore centres this can be 30% or more, particularly on cars. In Canada, the current level of federal sales tax (GST) is 6%. This compares favourably to Italy (20%), France (19.6%), Germany (19%) and UK (17.5%). The 6% is a federal rate. All provinces, except for Alberta, also impose a form of GST or retail sales tax at rates ranging from six to 10 per cent on the sales of taxable goods and services. The current conservative federal government is committed to reducing GST further. It has a hefty surplus with which to manoeuvre.

Small companies, of the type that an immigrant entrepreneur is likely to establish, are taxed favourably. The 2007 federal tax rate on the first 1st $400,000 of taxable income for small Canadian controlled private corporations is 12% and this will fall in 2008 to 11.5% and in 2009 to 11%. There is also a Federal surtax, which for small business income adds an additional 1.12% of Federal tax. To this, are added provincial taxes. For 2007 the Ontario Government rate is 5.5% for such companies. Thus the combined Federal and Ontario tax during 2007 amounts to 18.62%. The 2007 combined small business corporate tax rate ranges from a low of 16.1% in Alberta to a high of 21.1% in Quebec. Obviously, this only refers to taxable income. Most small businesses will have very substantial deductions from gross income before the any liability to income taxes. It is common and permitted to ‘bonus out” to directors and employees, income over and above the $400,000 limit, to bring the corporate income down to take advantage of low small business tax rates. Many deductions and tax credits are also allowed to individuals including, particularly, a dividend tax credit that seeks to prevent double taxation of income flowing from company to shareholder.

Canada offers a most attractive Business Immigration Program. The program includes three classes: the Immigrant Investor Class, the Self-employed Persons Class, and the Entrepreneur Class.

This article will only refer in detail to The Immigrant Investor Program. The Program seeks to attract experienced business people to invest $400,000 into Canada’s economy. Investors must:

show that they have business experience;

have a minimum net worth of CAN $800,000 that was obtained legally; and

make a CAN $400,000 investment.

The investment is managed by the Federal Government and is used by the Provinces to create jobs. The $400,000 investment is returned, without interest, after approximately five years

Applicants may participate in government approved financing. Essentially, this enables them to put up only $120,000.00 and borrow the remaining C$280,000. In such a case, interest charges amount to approximately C$120,000.00 (the amount of the initial deposit). At the end of the five-year period, the investor forgoes the $120,000.00 deposit and therefore fulfills the program requirements.

Investors come from all over the world. Currently, the majority of investors are from China, Taiwan, Korea and Hong Kong, but there are also substantial numbers of investors applying from the Middle East and elsewhere. Processing time varies depending which Canadian diplomatic post it is submitted to -- Manila is currently the fastest with 30% of applications to this centre being processed within 8 months and Berlin close behind at 8 months. Although waiting times can be much longer, the federal government is commitment to finalizing 1,000 federal investor cases per annum.

Canada is a beautiful country with political stability; an impartial and independent judiciary and government service and highly developed banking and professional services. International standard shops, hotels and restaurants abound in the main centres. Perhaps a new home for some of your clients?

Andrew Rogerson is a Toronto lawyer practicing in the fields of estate planning and asset protection ¿ www.rogersonlaw.com

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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